Sumitomo’s Drug Dosing Patent Loss Wiped Out at Federal Circuit

Sumitomo Pharma Co. convinced an appeals court to erase a tribunal decision that axed a patent covering a dosing regimen for its schizophrenia treatment Latuda.

The patent expired shortly before oral argument in the appeal, and the US Court of Appeals for the Federal Circuit said in a Friday opinion it was appropriate to vacate the decision from the Patent Trial and Appeal Board without determining the merits of the appeal.

Slayback Pharma LLC challenged and ultimately defeated the patent at the PTAB after Sumitomo in 2018 sued several drug makers working on generic versions of the blockbuster drug.

The ...